Deadly Boat Collision - Page 2 - SailNet Community
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post #11 of 36 Old 02-26-2008
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Plea deals are the norm for prosecutors that want a guarantee and a quick resolution. The criminal justice system is not about justice. This clown just pissed off the whole system and he'll be sorry he did.
Plea deals are also more commonly offered when the DA thinks they have less of a chance at actual conviction. Cases like this actually can go either way - as the DA will have to actually prove that it was negligence - and unfortunately not enough info online (one other report: http://www.syracuse.com/articles/new...880.xml&coll=1)


It also appears the defendant is from a prominent family, he also faces providing alcohol to a minor...However - rest assured what the criminal court can't or can be done...civil lawsuit will hammer it home...(but then again - it really didn't much with OJ either so maybe there will not be justice - but we can hope)...

-- Jody

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post #12 of 36 Old 02-26-2008 Thread Starter
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I have an ex girl friend who was a prosecutor. Plea deals are more commonly offered because of case load. How many irons they have in the fire, so to speak.

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I had a dream, I was sailing, I was happy, I was even smiling. Then I looked down and saw that I was on a multi-hull and woke up suddenly in a cold sweat.
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post #13 of 36 Old 02-26-2008
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This brought to mind the accident in Clear Lake, CA the night of 29 April 2006. A 24' power boat operated by a local Sheriffs Deputy ran into a 27' sailboat , causing a fatality. The skipper of the sailboat was held responsible for the incident, although it was obvious the powerboat must have been traveling at night at an excessive speed. "Lectronic Latitude followed the story and covered it well. I have a copy of the newspaper article that tells the details, but I may violent copyright law by posting it.
Bill
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post #14 of 36 Old 02-26-2008
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http://www.syracuse.com/articles/new...570.xml&coll=1

Mr. B is looking at two felonies, both punishable by 1-4 years in prison. Basically the DA is saying he can plead guilty to one charge and spend the maximum amount of time for that charge - 4 years - in prison. If he doesn't accept, he runs the risk of multiple convictions with consecutive, not concurrent, sentences... but probably no more than 8 years. Or he could get off and spend little or no time.


From a legal standpoint I think the DA's offer, right in the middle, is very reasonable to both sides.


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Last edited by phallo153; 02-26-2008 at 10:07 PM. Reason: posted link vs. quote of article
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post #15 of 36 Old 02-26-2008
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Correction

the word " violent" should have been "violate"
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post #16 of 36 Old 02-26-2008
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This brought to mind the accident in Clear Lake, CA the night of 29 April 2006. A 24' power boat operated by a local Sheriffs Deputy ran into a 27' sailboat , causing a fatality. The skipper of the sailboat was held responsible for the incident, although it was obvious the powerboat must have been traveling at night at an excessive speed. "Lectronic Latitude followed the story and covered it well. I have a copy of the newspaper article that tells the details, but I may violent copyright law by posting it.
Bill
Story related to that one: http://lakeconews.com/content/view/961/742/

and the original Lat article: http://www.latitude38.com/LectronicL...13/June13.html

-- Jody

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post #17 of 36 Old 02-26-2008
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That is the very article I have, Jody. Thanks!
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post #18 of 36 Old 02-26-2008
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That is the very article I have, Jody. Thanks!
I have ESP or is that PMS either way it worked

-- Jody

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post #19 of 36 Old 02-26-2008
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If some one can check out Kowalewski in cayuga or Onadoga county .
hes either a doctor or a lawyor him self ..
maybe working out of Auburn NY
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post #20 of 36 Old 02-26-2008
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Two years ago on the Chesapeake Bay a large trawler hit a support on the bay bridge. It caused a good deal of damage to the trawler- no one was injured. The auto pilot was on, no one at the helm, and the owner/operator was down below "engaged in conversation" as per his report to the Coast Guard. The bridge support could easily have been another boat. I'm asking a question here... does anyone know if in a situation such as this, can charges be filed against the operator of the boat for negligence?
I've always felt as if "stupidity" should be illegal.
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